Legal Opinion

Sims Office Supply, Inc. v. Ka-D-Ka, Inc. (In Re Sims Office Supply, Inc.)

United States Bankruptcy Court, M.D. Florida

Decided February 9, 1988No. Bankruptcy 87-967-BKC-6P1PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION

GEORGE L. PROCTOR, Bankruptcy Judge.

This proceeding is predicated upon complaint seeking to determine the extent of a lien against property of the estate. The plaintiff has filed a motion for summary judgment which raises the following issue:

Does the failure to expressly include an “after-acquired property” clause in a security agreement preclude the Court from finding that the parties may have intended that all subsequently acquired inventory is subject to such security interest?

For the following reasons, the Court concludes that it does not.

FACTS

On May 15, 1984, plaintiff,…

2Cases cited13 opinions

  1. R. Anthony Dubay v. Everette H. Williams, Everette H. Williams v. Rose City Development Co., Inc., Robert J. Davis v. Everette H. WilliamsCourt of Appeals for the Ninth Circuit · 1969
  2. Evans Products Co. v. JorgensenOregon Supreme Court · 1966
  3. In Re Fibre Glass Boat CorporationDistrict Court, S.D. Florida · 1971
  4. American Employers Insurance Company v. American Security Bank, N.A. American Security Bank, N.A. v. American Employers Insurance CompanyCourt of Appeals for the D.C. Circuit · 1984
  5. In the Matter of Nickerson & Nickerson, Inc., Debtor. Official Creditors' CommitteeCourt of Appeals for the Eighth Circuit · 1971

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3Cited by7 opinions

  1. Paulman v. Gateway Venture Partners III, L.P. (In re Filtercorp, Inc.)Court of Appeals for the Ninth Circuit · 1998
  2. In Re Filtercorp, Inc.Court of Appeals for the Ninth Circuit · 1998
  3. Kuemmerle v. United New Mexico Bank at Roswell, N.A.New Mexico Supreme Court · 1992
  4. Claytor v. Shenandoah Warehouse Co. (In Re Shenandoah Warehouse Co.)United States Bankruptcy Court, W.D. Virginia · 1996
  5. Stoumbos ex rel. Whitesides v. KilimnikCourt of Appeals for the Ninth Circuit · 1993

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